| Act(s) Referred |
Electricity (promoting Renewable Energy Through Green Energy Open Access) Rules 2022 (0 of 2022) Constitution of India, Wild Life (protection) Act, 1972 (53 of 1972) Environment (protection) Act, 1986 (29 of 1986) Energy Conservation Act, 2001 (52 of 2001) Electricity Act, 2003 (36 of 2003) Air (prevention and Control of Pollution) Act, 1981 (14 of 1981) National Green Tribunal Act, 2010 (19 of 2010) Water (prevention and Control of Pollution) Act, 1974 (6 of 1974) |
| Headnote |
Environment – Rapid and steady decline in the population of the Great Indian Bustard (GIB) – Apart from various other factors, attrition of the existing population of these endangered birds was partly attributed to overhead transmission lines – Vide order dtd. 19.04.2021, a Committee was appointed for assessing the feasibility of laying high voltage underground power lines; direction was also issued imposing blanket prohibition w.r.t the installation of transmission lines for the distribution of solar power in a large territory and it was directed that in cases where overhead power lines existed as on date in the priority and potential GIB areas, steps be taken to install bird diverters pending consideration of the conversion of overhead power lines into underground power lines – Order implemented by the Committee – Modification of the directions sought by Ministry of Environment, Forests, and Climate Change, Ministry of Power and the Ministry of New and Renewable Energy: Held: The GIB is seriously endangered as a species – However, there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres – Reasons due to which it is not feasible to convert all transmission lines into underground power transmission lines, enumerated – While balancing two equally crucial goals, the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand, it is necessary to adopt a holistic approach which does not sacrifice either of the two goals at the altar of the other – The delicate balance between the two aims must not be disturbed – Rather, care must be taken by all actors including the state and the courts to ensure that both goals are met without compromising on either – Furthermore, the decision on whether to convert the overhead power transmission lines into underground lines is a matter of environmental policy – While adjudicating writ petitions which seek reliefs which are of the nature sought in the present case, this Court must conduct judicial review while relying on domain experts – Order passed by this Court on 19.04.2021 modified – A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court vide said order need recalibration – Expert Committee constituted, remit stated – Directions contained in the aforesaid order substituted – Union of India and the concerned ministries to implement the measures described aimed at conserving the critically endangered GIB – Committee to complete its task and submit report. [Paras 52, 60, 62, 64, 66, 70, 72] Environment – India’s obligations, commitment under international conventions towards preventing climate change and tackling its adverse effects – United Nations Framework Convention on Climate Change; Kyoto Protocol; Paris Agreement – Key features of India’s commitment – Discussed. Environment – Importance of solar power as a source of renewable energy – National Solar Mission; National Mission for Enhanced Energy Efficiency, National Mission for a Green India; National Mission on Strategic Knowledge for Climate Change – Urgent need to shift to solar power – Discussed. Environment – Right to a healthy environment; Right to be free from the adverse effects of climate change – Constitution of India – Articles 14, 21, 48A, 51A(g): Held: Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns – However, this does not mean that the people of India do not have a right against the adverse effects of climate change – Importance of the environment, as indicated by Article 48A, Article 51A(g) of the Constitution of India, becomes a right in other parts of the Constitution – Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws – These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change – Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change – This is perhaps because this right and the right to a clean environment are two sides of the same coin – As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right – It is recognised by Articles 14 and 21 – Further, the right to health (a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding – If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones – The right to equality would undoubtedly be impacted in each of these instances – There is a right to be free from the adverse effects of climate change – While giving effect to this right, courts must be alive to other rights of affected communities such as the right against displacement and allied rights – India faces a number of pressing near-term challenges that directly impact the right to a healthy environment, particularly for vulnerable and indigenous communities including forest dwellers – The importance of prioritizing clean energy initiatives to ensure environmental sustainability and uphold human rights obligations cannot be understated – The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being – It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment. [Paras 19, 20, 24, 25, 27, 34, 35] Environment – Climate change litigation in other jurisdictions – United Nations Framework Convention on Climate Change – Global trends in climate change litigation – Role of Courts in such litigation – Highlighted. Environment – Intersection between climate change and human rights – Discussed. |
